Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s Response
In Applicant’s Response dated 4/15/26, the Applicant argued Claims previously rejected in the Office Action dated 1/13/26. Claims 1-3, 5-20 and 32 are pending examination.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/15/26 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 6-8 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ganatra et al., United States Patent Publication 2009/0227861 (hereinafter “Ganatra”), in view of Glossop, United States Patent Publication 20070055128.
Claim 1:
Ganatra discloses:
A medical instrument system for use in an image-guided medical procedure (see paragraph [0017]). Ganatra discloses a medical instrument used in an image-guided medical procedure, the system comprising:
a positional sensor configured to generate positional sensor data associated with one or more positions of a biomedical device within an anatomic region of a patient (see paragraphs [0018]-[0020]). Ganatra teaches a sensor that generates location information of the device within an anatomic region;
an image capture device configured to capture first image data of patient anatomy within the anatomic region while the biomedical device is positioned within the anatomic region (see paragraphs [0018] and [0019])).Ganatra teaches a bronchoscope configured to acquire medical images of the subject and transmit the images;
a processor communicatively coupled to the positional sensor and the image capture device (see paragraph [0024]). Ganatra teaches a processor coupled to sensor and image device; and
a memory storing instructions that, when executed by the processor, cause the system to perform operations (see paragraph [0024]) comprising:
generating a point cloud of coordinate points based, at least in part, on the positional sensor data (see paragraphs [0020]-[0022]). Ganatra teaches generating a storage of points based on the location data,
receiving second image data of the anatomic region, wherein the second image data is generated based, at least in part, on imaging of the anatomic region (see paragraph [0022]). Ganatra teaches receiving second image data from the bronchoscope,
adding one or more coordinate points to the point cloud at one or more locations corresponding to one or more positions of the image capture device within the anatomic region (see paragraphs [0020] and [0026]). Ganatra teaches adding coordinates at locations corresponding to the device and the points in the model that coincide with the image.
generating a registration between at least a portion of the point cloud and at least a portion of the second image data (see paragraphs [0022]). Ganatra teaches generating registration between the location points and the images from the device, and
Ganatra fails to expressly disclose generating additional points based on data from the first image data.
Glossop discloses:
adding one or more coordinate points to the point cloud at one or more locations corresponding to one or more positions of the image capture device within the anatomic region associated with the first image data (see paragraphs [0028]-[0030] and [0035]-[0038]). Glossop teaches adding point at multiple locations corresponding to interoperative images and pre-operative images.
updating the registration based, at least in part, on the first image data (see paragraphs [0038]). Glossop teaches updating registration with the new locations based on the pre-operative image data.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Ganatra to include adding coordinate points at one or more locations located with the image capture device associated with the first image data for the purpose of enabling the shape of a flexible endoscope or other instrument to be determined without the use of additional imaging, as taught by Glossop.
Claim 2:
Ganatra fails to expressly disclose generating additional points based on data from the first image data.
Glossop discloses:
wherein the operations further comprise generating one or more correspondences by matching patient anatomy in one or more images of the first image data with patient anatomy of the anatomic region in the portion of the second image data (see paragraphs [0028]-[0030] and [0035]-[0038]). Glossop teaches adding point at multiple locations corresponding to interoperative images and pre-operative images.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Ganatra to include adding coordinate points at one or more locations located with the image capture device associated with the first image data for the purpose of enabling the shape of a flexible endoscope or other instrument to be determined without the use of additional imaging, as taught by Glossop.
Claim 3:
Ganatra discloses:
wherein the patient anatomy in the one or more images of the first image data and the patient anatomy of the anatomic region in the portion of the second image data are one or more branching points of anatomic passageways in the anatomic region (see paragraph [0030]). Ganatra teaches generating a correspondence between the ct image and the image of the bronchoscope showing the branching points and passageways.
Claim 6:
Ganatra discloses:
wherein the portion of the point cloud includes only the one or more added coordinate points (see paragraph [0027]). Ganatra teaches storing the added coordinates in a group of collected measurements.
Claim 7:
Yu discloses:
determining a transformation to align an image of the one or more images of the first image data with corresponding patient anatomy of the anatomic region in the portion of the second image data, and wherein generating the registration includes generating the registration based, at least in part, on the transformation (see paragraph [0020]). Ganatra teaches may be used to find a mathematical transformation, for example, an affine transformation, which relates the two frames of reference to one another, thereby registering tracking coordinate system with model coordinate system.
Claim 8:
Ganatra discloses:
wherein the operations further comprise determining, based, at least in part, on the first image data, at least a portion of a pathway taken by the biomedical device throughout the anatomic region, and wherein generating the registration includes generating the registration between at least the portion of the point cloud and a section of the anatomic region corresponding to the portion of the pathway (see paragraphs [0031]). Ganatra teaches the operator advances bronchoscope in different directions, along a series of bronchial branches, while tracking system collects positional information for sensor X, which positional information is received by processor to calculate trajectories of sensor X for comparison with characteristic contours of the subsets of predetermined points that define portions, or branches, of the pathway of model stored in database. Sets of coordinates for locations of tracking sensor X, that are along trajectories matched to the subsets of predetermined points, are identified and used with the corresponding predetermined points to find a mathematical transformation, which relates the two frames of reference to one another and thereby register tracking coordinate system with model coordinate system.
Claim 17:
Ganatra discloses:
wherein the operations further comprise:
determining when a current position or orientation of the biomedical device has changed by a threshold amount (see paragraph [0026]). Ganatra teaches determining when the current position or orientation of the device change based on the calculated distances; and
generating, in response to the determination, a correspondence by matching patient anatomy in an image of the first image data with patient anatomy in the portion of the anatomic region in the second image data (see paragraph [0026). Ganatra teaches generating a correspondence by matching the images of the patient.
Claim 18:
Ganatra discloses:
wherein the operations further comprise:
determining, based, at least in part, on the generated registration, when the biomedical device is positioned at first patient anatomy within the anatomic region (see paragraph [0026]). Ganatra teaches determining based on the registration when the device is positioned at a first anatomy; and
Ganatra fails to expressly disclose generating additional points based on data from the first image data.
Glossop discloses:
generating, in response to the determination, a correspondence by matching the first patient anatomy in an image of the first image data with the first patient anatomy in the portion of the anatomic region in the second image data (see paragraphs [0028]-[0030] and [0035]-[0038]). Glossop teaches adding point at multiple locations corresponding to interoperative images and pre-operative images.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Ganatra to include adding coordinate points at one or more locations located with the image capture device associated with the first image data for the purpose of enabling the shape of a flexible endoscope or other instrument to be determined without the use of additional imaging, as taught by Glossop.
Claim 19:
Ganatra discloses:
wherein the operations farther comprise:
determining when the biomedical device is subject to commanded movement through anatomic passageways of the anatomic region (see paragraphs [0022]-[0023]). Ganatra teaches determining when the user uses the user interface commands a path though the passageways; and
Ganatra fails to expressly disclose generating additional points based on data from the first image data.
Glossop discloses:
in response to the determination, generating and/or updating the registration (see paragraphs [0038]). Glossop teaches updating registration with the new locations based on the pre-operative image data.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Ganatra to include adding coordinate points at one or more locations located with the image capture device associated with the first image data for the purpose of enabling the shape of a flexible endoscope or other instrument to be determined without the use of additional imaging, as taught by Glossop.
Claim 20:
A non-transitory, computer-readable medium storing instructions thereon that, when executed by one or more processors of a computing system (see paragraph [0024]). Ganatra teaches a processor coupled to sensor and image device, cause the computing system to perform operations comprising:
generating a point cloud of coordinate points based, at least in part, on positional sensor data captured using a position sensor, wherein the positional sensor data is associated with one or more positions of a biomedical device within an anatomic region of a patient (see paragraphs [0020]-[0022]). Ganatra teaches generating a storage of points based on the location data of the biomedical device within an anatomic region of a patient;
receiving first image data of patient anatomy captured using an image capture device positioned within the anatomic region (see paragraphs [0018] and [0019])).Ganatra teaches a bronchoscope configured to acquire medical images of the subject and transmit the images;
receiving second image data of the anatomic region, wherein the second image data is generated based, at least in part, on preoperative or intraoperative imaging of the anatomic region (see paragraph [0022]). Ganatra teaches receiving second image data from the bronchoscope;
adding one or more coordinate points to the point cloud at one or more locations corresponding to one or more positions of the image capture device within the anatomic region (see paragraphs [0020] and [0026]). Ganatra teaches adding coordinates at locations corresponding to the device and the points in the model that coincide with the image.
generating a registration between at least a portion of the point cloud with at least a portion of the second image data (see paragraphs [0022]). Ganatra teaches generating registration between the location points and the images from the device; and
Ganatra fails to expressly disclose generating additional points based on data from the first image data.
Glossop discloses:
adding one or more coordinate points to the point cloud at one or more locations corresponding to one or more positions of the image capture device within the anatomic region associated with the first image data (see paragraphs [0028]-[0030] and [0035]-[0038]). Glossop teaches adding point at multiple locations corresponding to interoperative images and pre-operative images.
updating the registration based, at least in part, on the first image data (see paragraphs [0038]). Glossop teaches updating registration with the new locations based on the pre-operative image data.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Ganatra to include adding coordinate points at one or more locations located with the image capture device associated with the first image data for the purpose of enabling the shape of a flexible endoscope or other instrument to be determined without the use of additional imaging, as taught by Glossop.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ganatra and Glossop, in view of Polidor et al., United States 20170010087 (hereinafter “Polidor”).
Claim 5:
Ganatra and Glossop fail to expressly disclose weighing added coordinates points differently than point cloud coordinates from sensor.
Polidor discloses:
includes weighting the one or more added coordinate points differently than other coordinate points of the point cloud generated from the positional sensor data (see paragraphs [0036]-[0038]). Polidor teaches weighting added points from the sensor differently than other known data points.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to modify the method disclosed by Ganatra and Glossop to include weighing added coordinates points differently than point cloud coordinates from sensor for the purpose of efficiently having accurate data points, as taught by Polidor.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ganatra and Glossop, in view of Akimoto et al., United States 2015/0057498 (hereinafter “Akimoto”).
Claim 9:
Ganatra and Glossop fail to expressly disclose estimating registration errors.
Akimoto discloses:
wherein the operations further comprise estimating a registration error between a correspondence of the one or more correspondences and the generated registration (see paragraphs [0067], [0087] and [0088]). Akimoto estimating a registration error of the correspondences.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to modify the method disclosed by Ganatra and Glossop to include estimating a registration error for the purpose of efficiently matching image during registration, as taught by Akimoto.
Claim 10:
Ganatra and Glossop fail to expressly disclose estimating registration errors.
Akimoto discloses:
wherein the operations further comprise coloring a display of the generated registration based, at least in part, on a magnitude of the estimated registration error (see paragraphs [0177]). Akimoto teaches displaying a visual distinctive feature based on the estimated error.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to modify the method disclosed by Ganatra and Glossop to include estimating a registration error for the purpose of efficiently matching image during registration, as taught by Akimoto.
Claim 11:
Ganatra and Glossop fail to expressly disclose estimating registration errors.
Akimoto discloses:
wherein the operations farther comprise: estimating, in real-time, the registration error at a current location of the biomedical device within the anatomic region; and coloring a corresponding portion of the display (see paragraphs [0088], [0104] and [0177]). Akimoto teaches estimating in real-time the registration error and if it’s a valid error at the current location, displaying a visual distinction.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to modify the method disclosed by Ganatra and Glossop to include estimating a registration error for the purpose of efficiently matching image during registration, as taught by Akimoto.
Claims 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Ganatra and Glossop, in view of Yu et al., United States 2020/0069373 (hereinafter “Yu”).
Claim 12:
Ganatra and Glossop to expressly disclose computing virtual images of the patient anatomy.
Yu discloses:
wherein the operations farther comprise: computing, based, at least in part, on the generated registration, a virtual image of patient anatomy of the anatomic region from a perspective of the image capture device at a current location of the image capture device within the anatomic region (see paragraph [0073]). Yu teaches based on the registration generate a virtual anatomical model according to the medical images and a surgical plan according to the virtual anatomical model, to track the surgical environment according to the spatial information received from the spatial sensor system; and
determining a transformation to align the virtual image with an image of the first image data corresponding to the current location of the image capture device (see paragraphs [0137]-[0139]). Yu teaches using transforming operations to align the image with the virtual image so the registration is correct and updated.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to include generating virtual images of the image data for a surgical procedure for the purpose of efficiently creating a virtual display for navigating a surgical instrument during surgery, as taught by Yu.
Claim 13:
Ganatra and Glossop fail to expressly disclose updating registration based on the virtual images.
Yu discloses:
wherein updating the registration includes updating the registration based, at least in part, on the determined transformation (see paragraph [0139]). Yu teaches dynamically updating the spatial data based on the position from the images to correspond with the image data.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to include generating virtual images of the image data for a surgical procedure for the purpose of efficiently creating a virtual display for navigating a surgical instrument during surgery, as taught by Yu.
Claim 14:
Ganatra and Glossop fail to expressly disclose determining transformation based on the virtual images.
Yu discloses:
wherein the determining the transformation includes: determining the transformation for only a portion of the generated registration within a threshold distance from the current location of the image capture device; or determining the transformation for a specific respiratory and/or cardiac phase of the patient (see paragraph [0139]). Yu teaches the robotic system may determine whether the virtual planning object overlaps with the virtual active space. Additionally, since the virtual environment is a dynamic system, the spatial relationship determined is also dynamically updated according to the dynamically altered object properties of the virtual objects in the virtual environment. If the portion is altered by a calculated distance of the current location then the registration is updated.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to include generating virtual images of the image data for a surgical procedure for the purpose of efficiently creating a virtual display for navigating a surgical instrument during surgery, as taught by Yu.
Claim 15:
Ganatra and Glossop fail to expressly disclose updating registration based on the virtual images and timestamps.
Yu discloses:
wherein the operations further comprise: computing, based, at least in part, on the generated registration, a virtual image of patient anatomy of the anatomic region from a perspective of the image capture device at a current or previous location of the image capture device within the anatomic region, wherein the virtual image is associated with a first timestamp (see paragraph [0137]). Yu teaches computing based on the registration a virtual image of the patient and making sure that the endoscope image data spatially and timely coincides with the virtual anatomy in the virtual environment; and
determining an image of the first image data that best matches the virtual image, wherein the image of the first image data is included in a group of two or more images of the first image data, and wherein each image of the two or more images is associated with a timestamp occurring within a specified time period before, during, and/or after the first timestamp (see paragraph [137]). Yu discloses the robotic system may define the position and orientation of the endoscope image data through the corresponding registration data. The registration of the endoscope image data to the virtual environment allowed the image/video of the endoscope image data to be displayed on the virtual anatomy.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to include generating virtual images of the image data for a surgical procedure for the purpose of efficiently creating a virtual display for navigating a surgical instrument during surgery, as taught by Yu.
Claim 16:
Ganatra and Glossop fail to expressly disclose determining difference between timestamps in the virtual images.
Yu discloses:
determining a difference between (i) a timestamp associated with the image of the first image data that best matches the virtual image and (ii) the first timestamp, and wherein updating the registration includes updating the registration based, at least in part, on the determined difference (see paragraph [0162]). Yu discloses the endoscope image data may be displayed on a virtual endoscope display plane registered in the virtual environment. Alternatively, the endoscope image data may be displayed on a GUI generated region superimposed on the rendering of the virtual environment. Since the endoscope image data is acquired by the endoscope device at a specific camera angle, the user interface may provide a control panel to allow the user of the robotic system to manipulate the viewing angle of rendering of the virtual environment. If the viewing angle of rendering coincides with the camera angle, the user is allowed to observe the endoscope image data augmented on the virtual environment; in other words, the endoscope image data spatially and timely coincides with the virtual anatomy in the virtual environment. The user can determine a difference and correct the view so that the images coincide.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to include generating virtual images of the image data for a surgical procedure for the purpose of efficiently creating a virtual display for navigating a surgical instrument during surgery, as taught by Yu.
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Ganatra and Glossop, in view of Cosman, United States Patent No. 6167295.
Claim 32:
A medical instrument system for use in an image-guided medical procedure, the system comprising (see paragraph [0017]). Ganatra discloses a medical instrument used in an image-guided medical procedure, the system comprising:
a positional sensor configured to generate positional sensor data associated with one or more positions of a biomedical device within an anatomic region of a patient (see paragraphs [0018]-[0020]). Ganatra teaches a sensor that generates location information of the device within an anatomic region;
an image capture device configured to capture first image data of patient anatomy within the anatomic region while the biomedical device is positioned within the anatomic region (see paragraphs [0018] and [0019])).Ganatra teaches a bronchoscope configured to acquire medical images of the subject and transmit the images;
a processor communicatively coupled to the positional sensor and the image capture device (see paragraph [0024]). Ganatra teaches a processor coupled to sensor and image device; and
a memory storing instructions that, when executed by the processor, cause the system to perform operations (see paragraph [0024]) comprising:
generating a point cloud of coordinate points based, at least in part, on the positional sensor data (see paragraphs [0020]-[0022]). Ganatra teaches generating a storage of points based on the location data,
receiving second image data of the anatomic region, wherein the second image data is generated based, at least in part, on imaging of the anatomic region (see paragraph [0022]). Ganatra teaches receiving second image data from the bronchoscope,
adding one or more coordinate points to the point cloud at one or more locations corresponding to one or more positions of the image capture device within the anatomic region (see paragraphs [0020] and [0026]). Ganatra teaches adding coordinates at locations corresponding to the device and the points in the model that coincide with the image.
generating a registration between at least a portion of the point cloud and at least a portion of the second image data (see paragraphs [0022]). Ganatra teaches generating registration between the location points and the images from the device, and
Ganatra fails to expressly disclose generating additional points based on data from the first image data.
Glossop discloses:
adding one or more coordinate points to the point cloud at one or more locations corresponding to one or more positions of the image capture device within the anatomic region associated with the first image data (see paragraphs [0028]-[0030] and [0035]-[0038]). Glossop teaches adding point at multiple locations corresponding to interoperative images and pre-operative images.
updating the registration based, at least in part, on the first image data (see paragraphs [0038]). Glossop teaches updating registration with the new locations based on the pre-operative image data.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Ganatra to include adding coordinate points at one or more locations located with the image capture device associated with the first image data for the purpose of enabling the shape of a flexible endoscope or other instrument to be determined without the use of additional imaging, as taught by Glossop.
Ganatra and Glossop discloses all of the elements of this claims (see Claim 1) except matching the patient anatomy in the first image data and the patient anatomy in the second image data.
Cosman discloses:
the patient anatomy in the first image data and the patient anatomy in the second image data matched (see column 8 lines 26-44 and lines 66 – column 9 line 5). Cosman teaches the image data and patient anatomy is matched.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention by Ganatra and Glossop to include matching the images of scans with images of the patient anatomy for the purpose of efficiently registering data while navigating a surgical instrument, as taught by Cosman.
Response to Arguments
Applicant's arguments filed 4/15/26 have been fully considered but they are not persuasive.
Claim 1 and 20:
Applicant argues First, Glossop paragraph [0038] does not disclose that coordinate points are added at positions of an "image capture device" that are "associated with the first image data." As recited by claim 1, the "first image data" is data "of patient anatomy within the anatomic region" captured by "an image capture device."
The Examiner disagrees.
Ganatra teaches adding coordinates at locations corresponding to the device and the points in the model that coincide with the image (see paragraphs [0020] and [0026]).
Although Ganatra does not add the coordinates based on the image capture data of the image and are based on the model, Ganatra does teach adding coordinates at locations based on the image device, and the model is based on image data. Glossop is used to cure deficiencies of Ganatra.
Glossop teaches adding point at multiple locations corresponding to interoperative images (captured by image capture device) and pre-operative images (first image data) (see paragraphs [0028]-[0030]). Once at least two representations of the endoscope's path have been determined (i.e. in image space [pre-operative and/or intra-operative] and in patient space), they may be “matched” or “registered”. The preoperative images are used along with the image capture device images to register and verify a path created, thus the combination of Ganatra and Glossop disclose the argued limitation.
Applicant argues Second, Glossop paragraph [0038] does not disclose "updating the registration based, at least in part, on the first image data." Rather, Glossop paragraph [0038] expressly states that the described method "may not require registration to be performed prior to use." A system that does not require registration to be performed cannot "update the registration based, at least in part, on the first image data," as recited by claim 1.
The Examiner disagrees.
Glossop teaches a self-correcting method that corrects/add coordinates based on the known coordinates from the pre-operative images and comparing those to the points receiving from the image capture device. Glossop recites it may not require registration in one embodiments but also teaches registering points from the preoperative images with the image from the image capture device. Thus, Ganatra and Glossop teaches the argued limitations (see paragraphs [0035]-[0038]).
Applicant argues Further, Applicant notes that the Office Action on page 5 alleges (emphasis added): "Glossop teaches updating registration with the new locations based on the pre-operative image data." Claim 1 does not recite updating the registration based on pre-operative image data, but rather, "updating the registration based, at least in part, on the first image data."
The Examiner disagrees.
The preoperative image is the first image data. Thus, updating the registration with the new locations based on the found location during the image capture is taught by Glossop.
Applicant argues None of these paragraphs teach "adding one or more coordinate points to the point cloud at one or more locations corresponding to one or more positions of the image capture device within the anatomic region associated with the first image data" and "updating the registration based, at least in part, on the first image data."
The Examiner disagrees.
See the above response to arguments related to this argued limitation.
Applicant argues The Office Action states that it would have been obvious to modify Ganatra to include the teachings of Glossop "for the purpose of enabling the shape of a flexible endoscope or other instrument to be determined without the use of additional imaging, as taught by Glossop." This motivation is drawn from Glossop's Summary of the Invention, which states that "[t]he invention further enables the shape of a flexible endoscope or other instrument to be determined without the use of additional imaging."
The Examiner disagrees.
Ganatra teaches navigating a medical instrument in a branched structure of a body employs a tracking system, for collecting positional information for the medical instrument, and data, which defines a geometrical model of the branched structure, in particular, coordinates for predetermined points defining a pathway extending along branches of the model. The two coordinate systems are registered to one another via a mathematical transformation using the identified coordinates of the instrument and the corresponding coordinates of each designated point.
Glossop teaches a method and system for performing an image-guided endoscopic medical procedure. The invention may include registering image-space coordinates of a path of a medical instrument within the anatomy of a patient to patient-space coordinates of the path of the medical instrument within the anatomy of the patient. The path of the medical instrument may be an actual path determined using intra-operative images of the patient's anatomy with the medical instrument inserted therein. The registered instrument may then be navigated to one or more items of interest for performance of the endoscopic medical procedure.
It would be beneficial to combine Ganatra and Glossop because Glossops flexible scope allows the method to compare the image captured from the image capture device with the preoperative images and register those points based on the correspondence between the images and not specifically from the model taught in Ganatra. Thus, there is reason to combine the arts to teach the present invention.
Applicant argues Claim 32 further requires that coordinate points are conditionally added to the point cloud "when, based on the one or more correspondences, the patient anatomy in the first image data and the patient anatomy in the second image data matched." Cosman does not disclose any conditional addition of coordinate points to a point cloud based on a determination that patient anatomy in
captured images matches patient anatomy in other image data. Indeed, Cosman does not disclose a "point cloud" at all. Ganatra and Glossop do not remedy these deficiencies.
The Examiner disagrees.
Cosman teaches the image data and patient anatomy is matched (see column 8 lines 26-44 and lines 66 – column 9 line 5). By computer graphic translation, rotation and scaling, one can adjust the computer graphic view So that it matches the anatomical view, i.e. the computer graphic perimeter indicated as dash line exactly matches. In this way, one knows that one has reproduced graphically with the dashed curve the projected view. Analogously, camera 705 will have its view as seen in graphic display 770 of the outline of the head 776 being matched to the graphic outline of the head 776A. Obviously, index marks, grids or lines on the patient's scalp might help in this registration of the two camera views. Once these views, however, have been registered, uniquely identifiable points in both Views can give information on the exact 3-dimensional coordinates of those identifiable points relative to the anatomy as seen from the image data. Thus, Cosman combined with Ganatra and Glossop teaches the argued limitation.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIONNA M BURKE whose telephone number is (571)270-7259. The examiner can normally be reached M-F 8a-4p.
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/TIONNA M BURKE/Examiner, Art Unit 2178 6/10/26
/STEPHEN S HONG/Supervisory Patent Examiner, Art Unit 2178
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